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Prosecutors said while preparing for trial they reviewed a emergency room nurse’s deposition and realized she had said she wasn’t sure the needle she used to draw Goodman’s blood was a 25-gauge needle or not.

The needle is critical because all along the defense has claimed the nurse used a too-small needle 25-gauge instead of the usual 21-gauge -- skewing the results higher than they really were. They've spent months arguing and hundreds of thousands of dollars on experts on this theory.

"Ms. (Sherri) Collins then contacted nurse Betts and based on her conversation, said 'Are you sure you actually used a 25 gauge needle?' And now we're being told nurse Betts is unsure," said Parker.

Prosecutors also said during another deposition this week, a Wellington Regional hospital administrator casually mentioned they didn't even stock 25-gauge needles in the ER.

The defense argued they would now need time to re-depose the nurse and do research on the hospital's records.

However, Colbath said before the hearing he had ruled against the defense in their attempt to use a blood test expert to bolster their needle theory, and without that expert witness, the needle gauge information became moot.

Colbath denied the motion to continue, saying both sides had ample opportunity to research the nurse's testimony about the needle size.

In another ruling, he also denied the defense's bid to exclude the blood alcohol reading altogether, saying there was no evidence that it was flawed and not done by state rules.

Jury selection begins Monday morning in Tampa, and after a probable three days picking the nine-person jury, the trial will begin in Palm Beach County.

Goodman was convicted last year of slamming into 23-year-old Scott Wilson, who drowned in his car in a Wellington canal. The conviction was overturned due to juror misconduct.